appscms-tools-theme 3.8.3 → 3.8.4
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- checksums.yaml +4 -4
- data/_data/footer/en/data.json +166 -166
- data/_data/home/en/en.json +353 -1
- data/_includes/appscms/footer/static-footer.html +86 -0
- data/_includes/appscms/head/head.html +2 -3
- data/_includes/appscms/headings/headings.html +9 -4
- data/_includes/appscms/home/feature-boxes.html +1 -1
- data/_layouts/appscms-about.html +163 -0
- data/_layouts/appscms-contact.html +132 -0
- data/_layouts/appscms-disclaimer.html +124 -0
- data/_layouts/appscms-download.html +289 -0
- data/_layouts/appscms-help.html +26 -0
- data/_layouts/appscms-privacy-policy.html +781 -0
- data/_layouts/appscms-terms-and-conditions.html +646 -0
- data/_layouts/feature-1.html +364 -250
- data/_layouts/feature.html +383 -366
- data/_layouts/imagekit.html +175 -43
- data/assets/.DS_Store +0 -0
- data/assets/app.js +75 -0
- data/assets/css/appscms-theme.css +125 -2
- data/assets/images/.DS_Store +0 -0
- data/assets/images/bgimg1.png +0 -0
- data/assets/images/digiball.jpg +0 -0
- data/assets/images/digipaint.jpg +0 -0
- data/assets/images/image.png +0 -0
- data/assets/images/manthink.svg +3552 -0
- data/assets/images/mega.png +0 -0
- data/assets/images/spinner.gif +0 -0
- metadata +17 -2
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{% assign file = page.fileName %}
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{% assign folder = page.folderName %}
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{% assign lang = page.lang %}
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{% assign termsData = site.data[folder][lang][file] %}
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<!DOCTYPE html>
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<html lang="{{termsData.htmlLangAtt}}">
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{%- include appscms/head/head.html -%}
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<body>
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{%- include appscms/navbars/navbar.html -%} {%- include
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appscms/navbars/toolbar.html -%}
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<div class="container py-4">
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{%- if site.monumetricId and page.url != '/' and page.lang == "en" -%}
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<div class="row">
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<div class="col-md-9 mx-auto">
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{%- endif -%}
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<h1 class="about-h1 py-4">Terms and condtions</h1>
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<div class="py-3">
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<div class="py-3">
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<p>We,<b>{{page.companyName}}</b>, registered under the provisions of the Limited Liability
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Partnership
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Act 2008,
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having its registered office at "Ghaziabad, Uttar Pradesh – 245304, INDIA"
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represented by its Directors, hereinafter referred to as the <b>“FIRM”</b> (where such
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expression
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shall, unless repugnant to the context thereof, be deemed to include its respective legal
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heirs,
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representatives, administrators, permitted successors and assigns).</p>
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<p>The Firm ensures steady commitment to Your usage of the Platform and privacy with regard to
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the
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protection of Your invaluable information. This document contains information about the
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Website and
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domain https://{{page.companyName}}.{{page.domain}} (hereinafter referred to as the
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“Platform” ).
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</p>
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<p>For the purpose of these Terms of Use (“Terms”), wherever the context so requires,</p>
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<p>1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Firm, as the context
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so
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requires.</p>
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<p>2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals
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who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>3. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals
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who use
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the Platform and who is competent to enter into binding contracts, as per Indian laws.</p>
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<p>4. “Third Parties” refer to any Application, Firm or individual apart from the User and the
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creator
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of this Platform/Domain.</p>
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<p>5. “ The term “User” refers to the individuals who will be using the platform to avail the
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features
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and the services of the platform.</p>
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<p>6. “ The term “User” refers to the individuals who will be using the platform to avail the
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features
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and the services of the platform.</p>
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<p>7. “ The headings of each section in these Terms are only for the purpose of comanizing the
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various
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provisions under these Terms in an orderly manner and shall not be used by either Party to
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interpret
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the provisions contained herein in any manner. Further, it is specifically agreed to by the
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Parties
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that the headings shall have no legal or contractual value.</p>
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<p>8. “The User unequivocally agrees that these Terms and the aforementioned Policy constitute a
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legally
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binding agreement between the User and the Firm, and that the User shall be subject to the
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rules,
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guidelines, policies, terms, and conditions applicable to any service that is provided by
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the
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Platform, and that the same shall be deemed to be incorporated into these Terms, and shall
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be
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treated as part and parcel of the same. The User acknowledges and agrees that no signature
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or
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express act is required to make these Terms and the Policy binding on the User and that the
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User’s
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act of visiting any part of the Platform constitutes the User’s full and final acceptance of
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these
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Terms and the aforementioned Policy.</p>
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<p>9. “The Firm reserves the sole and exclusive right to amend or modify these Terms without any
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prior
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permission or intimation to the User, and the User expressly agrees that any such amendments
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or
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modifications shall come into effect immediately. The User has a duty to periodically check
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the
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terms and stay updated on its requirements. If the User continues to use the Platform
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following such
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a change, the User will be deemed to have consented to any and all amendments/modifications
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made to
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the Terms. In so far as the User complies with these Terms, it is granted a personal,
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non-exclusive,
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non-transferable, revocable, limited privilege to access and use the Platform and the
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Services. If
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the User does not adhere to the changes, You must stop using the Services at once. Your
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continued
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use of the Services will signify your acceptance of the changed terms.</p>
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<h3> REGISTRATION </h3>
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<p>1. The Users are also provided with an option to link their Facebook/Google accounts with the
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Platform at the time of their registration in order to smoothen the process of registration.
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</p>
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<p>2. Registration for this Platform is available for all age groups, barring those “Incompetent
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to
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Contract” which inter alia include insolvents with an exception to Minors.</p>
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<p>3. Further, at any time during Your use of this Platform, including but not limited to the
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time of
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registration, You are solely responsible for protecting the confidentiality of Your Username
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and
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password, and any activity under the account shall be deemed to have been done by You. In
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the case
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that you provide us with false and/or inaccurate details or we have reason to believe you
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have done
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so, we hold the right to permanently suspend your account. You agree that you will not
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disclose your
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password to any third party and that you will take sole responsibility for any activities or
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actions
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under your account, whether or not you have authorized such activities or actions. You will
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immediately notify us of any hereinbelow use of your account.</p>
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<h3> PLATFORM OVERVIEW </h3>
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<p>@{{page.companyName}}.{{page.domain}} is a platform owned and operated by
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@{{page.companyName}}.{{page.domain}} LLP which is a limited liability
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partnership registered under the provisions of the Limited Liability Partnership Act, 2008.
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</p>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software
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on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software
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and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<h3> ELIGIBILITY </h3>
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<p>Servers for this website are hosted on Firebase. User is not required to install any software
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on his
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machine to use the Platform. The Platform is User-friendly and is accessible on all software
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and all
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devices such as Mac/Windows/Linux/Android/iOS.</p>
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<p>The Users may not use the Platform if they are not competent to contract or are disqualified
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from
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doing so by any other applicable law, rule or regulation currently in force.</p>
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<h3> CONTENT </h3>
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<p>All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand
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names,
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descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by
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Platform
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and the Platform have control over it and assures a reasonable quality, the accuracy,
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integrity or
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genuineness of products sold on the Platform.</p>
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<p>All the Content displayed on the Platform is subject to copyright and shall not be reused by
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any
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party (or a third party) without the prior written consent of the Firm and the copyright
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owner.</p>
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<p>The Users are solely responsible for the integrity, authenticity, quality and genuineness of
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the
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feedback and comments by Users can be made via the Platform, the Platform bears no liability
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whatsoever for any feedback or comments made by the Users or made in respect of any of the
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content
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on the Platform. Further, the Platform reserves its right to suspend the account of any User
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for an
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indefinite period to be decided at the discretion of the Platform or to terminate the
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account of any
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User who is found to have created or shared or submitted any Content or part thereof that is
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found
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to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible
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for
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making good any financial or legal losses incurred through the creation/sharing/submission
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of
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Content or part thereof that is deemed to be untrue/inaccurate/misleading.</p>
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<p>The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to
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access
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the Content on the Platform. Users shall not copy, adapt, and modify any content without
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written
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permission of the Firm.</p>
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<h3> TERM </h3>
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<p>1. These Terms shall continue to form a valid and binding contract between the Parties and
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shall
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continue to be in full force and effect until the User continues to access and use the
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Platforms.
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</p>
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<p>2. The Users may terminate their use of the Platform at any time.</p>
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<p>3. The Firm may terminate these Terms and close a User’s account at any time without notice
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and/or
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suspend or terminate a User’s access to the Platform at any time and for any reason, if any
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discrepancy or legal issue arises.</p>
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<p>4. Such suspension or termination shall not limit our right to take any other action against
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you that
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the Firm considers appropriate.</p>
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<p>5. It is also hereby declared that the Firm may discontinue the Services and Platforms
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without any
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prior notice.</p>
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<h3> AMENDMENT AND TERMINATION </h3>
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<p>1. The Firm reserves the right, in its sole discretion, to unilaterally to either amend,
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limit or
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terminate the User’s access to the Platform, or any portion or wholly thereof, at any time,
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without
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notice or cause.</p>
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<p>2.The Platform also reserves the universal right to deny part or in entirety, the access to
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particular Users or any such Users with similar IP, to any/all of are on its Platform
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without any
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prior notice/explanation in order to protect the interests of the Platform and/or other
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visitors to
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the Platform.</p>
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<p>The Platform reserves the right to limit, deny or create different access to the Platform and
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its
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features with respect to different Users, or to change any of the features or introduce new
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features
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without prior notice.</p>
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<p>The User shall continue to be bound by these Terms, and it is expressly agreed to by the
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Parties that
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the User shall not have the right to terminate these Terms till the expiry of the same.</p>
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<p>COMMUNICATION By using this Platform and providing his/her identity and contact information
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to the
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Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or
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SMS from
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the Firm and/or any of its representatives at any time. User can report to
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care@{{page.companyName}}.{{page.domain}} if they
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find any discrepancy with regard to Platform or content-related information and the Firm
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will take
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necessary action after an investigation. The response with resolution (if any issues found)
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shall be
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dependent on the time is taken for investigation. The User expressly agrees that
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notwithstanding
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anything contained hereinabove, it may be contacted by the Firm or any representatives
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relating to
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any Product purchased by the User on the Platform or anything pursuant thereto and the Users
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agrees
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to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the
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Parties
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that any information shared by the User with the Firm shall be governed by the Privacy
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Policy.</p>
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<h3> USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT </h3>
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<p>The Client agrees and acknowledges that they are a restricted user of this Platform and that
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they:
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</p>
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<p>1. Agree to provide genuine credentials during the process of registration on the Platform.
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You shall
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not use a fictitious identity to register. The Firm is not liable if the User has provided
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incorrect
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information.</p>
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<p>2.Agree to ensure the Name, Email address, Address, Mobile number and any such other
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information
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provided during account registration is valid at all times and shall keep your information
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accurate
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and up-to-date. The User can update their details anytime through accessing their profile on
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the
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platform.</p>
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<p>3.Agree that they are solely responsible for maintaining the confidentiality of your account
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password. You agree to notify us immediately of any unauthorized use of your account. Firm
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reserves
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the right to close your account at any time for any or no reason.</p>
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<p>4. Understand and acknowledge that the data submitted is manually entered into the database
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of the
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Platform. The User also acknowledges the fact that data so entered into the database is for
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the
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purpose of easy and ready reference for the User, and to streamline the Services through the
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Platform.</p>
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<p>5. Authorize the Platform to use, store or otherwise process certain personal information and
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all
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published Content, Client responses, Client locations, User comments, reviews and ratings
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for
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personalization of Services, marketing and promotional purposes and for optimisation of
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User-related
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options and Services</p>
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<p>6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and
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their
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successors and assigns, or any of their affiliates or their respective officers, directors,
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employees, agents, licensors, representatives, operational service providers, advertisers or
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suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in
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connection
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with or arising from use of the Platform or from this terms of use, including, but not
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limited to,
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compensatory, consequential, incidental, indirect, special or punitive damages.</p>
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<p>7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate,
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post,
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publish or create derivative works from, transfer, or sell any information or obtained from
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the
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Platform. Any such use/limited use of the Platform will only be allowed with the prior
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express
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written permission of the Firm.</p>
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<p>Agree not to access (or attempt to access) the Platform and/or the materials or Services by
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any means
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other than through the interface provided by the Platform. The use of deep-link, robot,
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spider or
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other automatic devices, program, algorithm or methodology, or any similar or equivalent
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manual
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process, to access, acquire, copy or monitor any portion of the Platform or its content, or
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in any
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way reproduce or circumvent the navigational structure or presentation of the Platform,
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materials or
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any content, or to obtain or attempt to obtain any materials, documents or information
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through any
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means not specifically made available through the Platform will lead to suspension or
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termination of
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the User’s access to the Platform. The User acknowledges and agrees that by accessing or
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using the
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Platform or any of the Services provided therein, it may be exposed to content that it may
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consider
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offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities
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arising
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in relation to such offensive content on the Platform.</p>
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<p>Expressly agree and acknowledge that the Content generated by the User and displayed on the
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Platform
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is not owned by the Firm and that the Firm is in no way responsible for the content of the
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same. The
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User may, however, report any offensive or objectionable content, which the Firm may then
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remove
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from the Platform, at its sole discretion</p>
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<p>Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated
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with the
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Firm from whom the Users are utilizing services.</p>
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<h3> The User further undertakes not to: </h3>
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<p>1. Engage in any activity that interferes with or disrupts access to the Platform or the
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Services
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+
provided therein (or the servers and networks which are connected to the Platform).</p>
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<p>2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
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affiliation
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with a person or entity.</p>
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<p>3. Probe, scan or test the vulnerability of the Platform or any network connected to the
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Platform,
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nor breach the security or authentication measures on the Platform or any network connected
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to the
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Platform. The User may not reverse look-up, trace or seek to trace any information relating
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to any
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other User of, or visitor to, the Platform, or any other viewer of the Platform, including
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any User
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account maintained on the Platform not operated/managed by the User, or exploit the Platform
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or
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information made available or offered by or through the Platform, in any manner.</p>
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<p>4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform,
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systems
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resources, accounts, passwords, servers or networks connected to or accessible through the
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Platform
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or any affiliated or linked Platforms.</p>
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<p>5. Use the Platform or any material or content therein for any purpose that is unlawful or
|
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prohibited
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+
by these Terms, or to solicit the performance of any illegal activity or other activity
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which
|
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infringes the rights of this Platform or any other third party (s).</p>
|
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|
+
<p>6. Violate any code of conduct or guideline which may be applicable for or to any particular
|
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|
+
service
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offered on the Platform.</p>
|
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+
<p>7. Violate any applicable laws, rules or regulations currently in force within or outside
|
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|
+
India.</p>
|
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+
<p>8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any
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+
applicable additional terms of the Platform contained herein or elsewhere, whether made by
|
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|
+
amendment, modification, or otherwise.</p>
|
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+
<p>9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its
|
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|
+
Internet
|
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341
|
+
Establishment (ISP) or in any manner disrupts the Services of any other supplier/service
|
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|
+
provider of
|
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|
+
the Firm/Platform.</p>
|
|
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|
+
<p>10. Further:The User hereby expressly authorizes the Firm/Platform to disclose any and all
|
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|
+
information relating to the User in the possession of the Firm/Platform to law enforcement
|
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346
|
+
or other
|
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|
+
government officials, as the Firm may in its sole discretion, believe necessary or
|
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|
+
appropriate in
|
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|
+
connection with the investigation and/or resolution of possible crimes, especially those
|
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|
+
involve
|
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351
|
+
personal injury and theft/infringement of intellectual property. The User further
|
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+
understands that
|
|
353
|
+
the Firm/Platform might be directed to disclose any information (including the identity of
|
|
354
|
+
persons
|
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355
|
+
providing information or materials on the Platform) as necessary to satisfy any judicial
|
|
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|
+
Order, law,
|
|
357
|
+
regulation or valid governmental request.</p>
|
|
358
|
+
<p>11. By indicating User's acceptance to purchase any product or service offered on the site,
|
|
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|
+
the user
|
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360
|
+
is obligated to complete such transactions after making payment. Users shall prohibit from
|
|
361
|
+
indicating their acceptance to avail services where the transactions have remained
|
|
362
|
+
incomplete.</p>
|
|
363
|
+
<p>12. The User agrees to use the services provided by the Firm, its affiliates, consultants and
|
|
364
|
+
contracted companies, for lawful purposes only.</p>
|
|
365
|
+
<p>13. The User agrees not to make any bulk purchase to indulge in any resale activities. In
|
|
366
|
+
case of any
|
|
367
|
+
such instances, the Firm reserves all rights to cancel the current and future orders and
|
|
368
|
+
block the
|
|
369
|
+
concerned User account.</p>
|
|
370
|
+
<p>14. The User agrees to provide authentic and true information. The Firm reserves the right to
|
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|
+
validate the information and other details provided by the User at any point of time. If
|
|
372
|
+
upon such
|
|
373
|
+
User details are found to be false, not to be true (wholly or partly), the Firm shall in its
|
|
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|
+
sole
|
|
375
|
+
discretion reject the registration and debar the User from using the Services available on
|
|
376
|
+
its
|
|
377
|
+
Website, and/or other affiliated websites without prior intimation whatsoever.</p>
|
|
378
|
+
<p>15. The User agrees not to post any material on the website that is defamatory, offensive,
|
|
379
|
+
obscene,
|
|
380
|
+
indecent, abusive, or needlessly distressful, or advertising any goods or services. More
|
|
381
|
+
specifically, the User agrees not to host, display, upload, update, publish, modify,
|
|
382
|
+
transmit, or in
|
|
383
|
+
any manner share any information that:</p>
|
|
384
|
+
<p>1. belongs to another person and to which the User has no right to.</p>
|
|
385
|
+
<p>2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
|
|
386
|
+
paedophilic,
|
|
387
|
+
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
|
|
388
|
+
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in
|
|
389
|
+
any
|
|
390
|
+
manner whatever.</p>
|
|
391
|
+
<p>3.is in any way harmful to minors.</p>
|
|
392
|
+
<p>4.infringes any patent, trademark, copyright or other proprietary rights.</p>
|
|
393
|
+
<p>5.violates any law for the time being in force.</p>
|
|
394
|
+
<p>6.deceives or misleads the addressee about the origin of such messages or communicates any
|
|
395
|
+
information which is grossly offensive or menacing in nature.</p>
|
|
396
|
+
<p>7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate
|
|
397
|
+
the
|
|
398
|
+
legal rights of others.</p>
|
|
399
|
+
<p>8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your
|
|
400
|
+
affiliation with
|
|
401
|
+
a person or entity.</p>
|
|
402
|
+
<p>9. Publish, post, disseminate, any information which is grossly harmful, harassing,
|
|
403
|
+
blasphemous,
|
|
404
|
+
defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
|
|
405
|
+
hateful,
|
|
406
|
+
or racially, ethnically objectionable, disparaging, relating or encouraging money laundering
|
|
407
|
+
or
|
|
408
|
+
gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or
|
|
409
|
+
unlawfully
|
|
410
|
+
harassing including but not limited to indecent 'representation of women' within the meaning
|
|
411
|
+
of the
|
|
412
|
+
Indecent Representation of Women (Prohibition) Act, 1986;</p>
|
|
413
|
+
<p>10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly
|
|
414
|
+
relations
|
|
415
|
+
with foreign states, or public order or causes incitement to the commission of any
|
|
416
|
+
cognizable
|
|
417
|
+
offence or prevents investigation of any offence or is insulting any other nation.</p>
|
|
418
|
+
<h3> SUSPENSION OF USER ACCESS AND ACTIVITY </h3>
|
|
419
|
+
<p>Notwithstanding other legal remedies that may be available, the Firm may in its sole
|
|
420
|
+
discretion,
|
|
421
|
+
limit the User’s access and/or activity by immediately removing the User’s access
|
|
422
|
+
credentials either
|
|
423
|
+
temporarily or indefinitely, or suspend/terminate the User’s association with the Platform,
|
|
424
|
+
and/or
|
|
425
|
+
refuse to usage of the Platform to the User, without being required to provide the User with
|
|
426
|
+
notice
|
|
427
|
+
or cause:</p>
|
|
428
|
+
<p>1. If the User is in breach any of these Terms or the Policy.</p>
|
|
429
|
+
<p>2. If the User has provided wrong, inaccurate, incomplete or incorrect information.</p>
|
|
430
|
+
<h3> If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm,
|
|
431
|
+
at the
|
|
432
|
+
sole discretion of the Firm. </h3>
|
|
433
|
+
<h3> INDEMNITY </h3>
|
|
434
|
+
<p>The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform,
|
|
435
|
+
and their
|
|
436
|
+
respective directors, officers, employees and agents (collectively, 'Parties'), from and
|
|
437
|
+
against any
|
|
438
|
+
and all losses, liabilities, claims, damages, demands, costs and expenses (including legal
|
|
439
|
+
fees and
|
|
440
|
+
disbursements in connection therewith and interest chargeable thereon) asserted against or
|
|
441
|
+
incurred
|
|
442
|
+
by us that arise out of, result from, or maybe payable by virtue of, any breach or
|
|
443
|
+
non-performance
|
|
444
|
+
of any representation, warranty, covenant or agreement made or obligation to be performed
|
|
445
|
+
pursuant
|
|
446
|
+
to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against
|
|
447
|
+
any
|
|
448
|
+
claims made by any third party due to, or arising out of, or in connection with:</p>
|
|
449
|
+
<p>1. User’s use of the Platform.</p>
|
|
450
|
+
<p>2. User’s violation of these Terms and Conditions.</p>
|
|
451
|
+
<p>3. User’s violation of any rights of another.</p>
|
|
452
|
+
<p>4. User’s alleged improper conduct pursuant to these Services.</p>
|
|
453
|
+
<p>5. User’s conduct in connection with the Platform.</p>
|
|
454
|
+
<p>User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s
|
|
455
|
+
expense. The
|
|
456
|
+
user also agrees not to reach a settlement with any party without the consent of the Firm.
|
|
457
|
+
</p>
|
|
458
|
+
<p>In no event shall the Firm/Platform be liable to compensate the User or any third party for
|
|
459
|
+
any
|
|
460
|
+
special, incidental, indirect, consequential or punitive damages whatsoever, including those
|
|
461
|
+
resulting from loss of use, data or profits, whether or not foreseeable, and whether or not
|
|
462
|
+
the
|
|
463
|
+
Firm/ Platform had been advised of the possibility of such damages, or based on any theory
|
|
464
|
+
of
|
|
465
|
+
liability, including breach of contract or warranty, negligence or other tortuous action, or
|
|
466
|
+
any
|
|
467
|
+
other claim arising out of or in connection with the User’s use of or access to the Platform
|
|
468
|
+
and/or
|
|
469
|
+
the Services or materials contained therein.</p>
|
|
470
|
+
<h3> LIMITATION OF LIABILITY </h3>
|
|
471
|
+
<p>1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not
|
|
472
|
+
responsible for
|
|
473
|
+
any consequences arising out of the following events:</p>
|
|
474
|
+
<p>. If the Platform is inoperative/non-responsive due to any connectivity errors associated
|
|
475
|
+
with the
|
|
476
|
+
internet connection such as but not limited to slow connectivity, no connectivity, server
|
|
477
|
+
failure.
|
|
478
|
+
</p>
|
|
479
|
+
<p>. If the User has fed incorrect information or data or for any deletion of data.</p>
|
|
480
|
+
<p>. If there is any deficiency or defect in the Services managed by Us.</p>
|
|
481
|
+
<p>. If there is a failure in the functioning of any other service provided by the Platform.</p>
|
|
482
|
+
<p>2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for
|
|
483
|
+
any
|
|
484
|
+
damage caused to the User, the User’s belongings, or to any third party, resulting from the
|
|
485
|
+
use or
|
|
486
|
+
misuse of the Platform or any service availed of by the User through the Platform. The
|
|
487
|
+
service and
|
|
488
|
+
any Content or material displayed on the service is provided without any guarantees,
|
|
489
|
+
conditions or
|
|
490
|
+
warranties as to its accuracy, suitability, completeness or reliability. The Platform will
|
|
491
|
+
not be
|
|
492
|
+
liable to you for the unavailability or failure of the Platform.</p>
|
|
493
|
+
<p>3. Users are to comply with all laws applicable to them or to their activities, and with all
|
|
494
|
+
Policies, which are hereby incorporated into this Agreement by reference.</p>
|
|
495
|
+
<p>4.The Platform expressly excludes any liability for any loss or damage that was not
|
|
496
|
+
reasonably
|
|
497
|
+
foreseeable by the Platform and which is incurred by you in connection with the Platform,
|
|
498
|
+
including
|
|
499
|
+
loss of profits; and any loss or damage incurred by you as a result of your breach of these
|
|
500
|
+
terms.
|
|
501
|
+
</p>
|
|
502
|
+
<p>5. To the fullest extent permitted by law, the Platform shall not be liable to you or any
|
|
503
|
+
other party
|
|
504
|
+
for any loss or damage, regardless of the form of action or basis of any claim. You
|
|
505
|
+
acknowledge and
|
|
506
|
+
agree that your sole and exclusive remedy for any dispute with us is to terminate your use
|
|
507
|
+
of the
|
|
508
|
+
Platform</p>
|
|
509
|
+
<p>Unless expressly agreed to in writing, nothing contained herein shall give the User a right
|
|
510
|
+
to use
|
|
511
|
+
any of the Platform’s, trademarks, service marks, logos, domain names, information,
|
|
512
|
+
questions,
|
|
513
|
+
answers, solutions, reports and other distinctive brand features, save according to the
|
|
514
|
+
provisions
|
|
515
|
+
of these Terms. All logos, trademarks, brand names, service marks, domain names, including
|
|
516
|
+
material,
|
|
517
|
+
designs, and graphics created by and developed by the Platform and other distinctive brand
|
|
518
|
+
features
|
|
519
|
+
of the Platform are the property of the Firm or the respective copyright or trademark owner.
|
|
520
|
+
Furthermore, with respect to the Platform created by the Firm, the Firm shall be the
|
|
521
|
+
exclusive owner
|
|
522
|
+
of all the designs, graphics and the like, related to the Platform.</p>
|
|
523
|
+
<h3> INTELLECTUAL PROPERTY RIGHTS </h3>
|
|
524
|
+
<p>The User may not use any of the intellectual property displayed on the Platform in any manner
|
|
525
|
+
that is
|
|
526
|
+
likely to cause confusion among existing or prospective Users of the Platform, or that in
|
|
527
|
+
any manner
|
|
528
|
+
disparages or discredits the Firm/Platform, to be determined in the sole discretion of the
|
|
529
|
+
Firm.</p>
|
|
530
|
+
<p>1. The User agrees and undertakes that they are accessing the Platform at their sole risk and
|
|
531
|
+
are
|
|
532
|
+
that they are using their best and prudent judgment before availing any service listed on
|
|
533
|
+
the
|
|
534
|
+
Platform or accessing/using any information displayed thereon.</p>
|
|
535
|
+
<h3> DISCLAIMER OF WARRANTIES AND LIABILITIES </h3>
|
|
536
|
+
<p>2. The User agrees that any kind of information, resources, activities, recommendations
|
|
537
|
+
obtained/availed from Platform, written or oral, will not create any warranty and the
|
|
538
|
+
Platform
|
|
539
|
+
disclaims all liabilities resulting from these.</p>
|
|
540
|
+
<p>3. The Firm/Platform does not guarantee that the Services contained in the Platform will be
|
|
541
|
+
uninterrupted or error-free, or that the Platform or its server will be free of viruses or
|
|
542
|
+
other
|
|
543
|
+
harmful components, and the User hereby expressly accepts any and all associated risks
|
|
544
|
+
involved with
|
|
545
|
+
the User’s use of the Platform.</p>
|
|
546
|
+
<p>It is further agreed to by the Parties that the contents of this Section shall survive even
|
|
547
|
+
after the
|
|
548
|
+
termination or expiry of the Terms and/or Policy.</p>
|
|
549
|
+
<p>Neither the Firm nor the Platform shall be liable for damages for any delay or failure to
|
|
550
|
+
perform its
|
|
551
|
+
obligations hereunder if such delay or failure is due to cause beyond its control or without
|
|
552
|
+
its
|
|
553
|
+
fault or negligence, due to Force Majeure events including but not limited to acts of war,
|
|
554
|
+
acts of
|
|
555
|
+
God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute,
|
|
556
|
+
internet
|
|
557
|
+
interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal
|
|
558
|
+
or
|
|
559
|
+
unauthorized.</p>
|
|
560
|
+
<h3> FORCE MAJEURE </h3>
|
|
561
|
+
<p>It is expressly agreed to by the Parties hereto that the formation, interpretation and
|
|
562
|
+
performance of
|
|
563
|
+
these Terms and any disputes arising therefrom will be resolved through a two-step Alternate
|
|
564
|
+
Dispute
|
|
565
|
+
Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of
|
|
566
|
+
this
|
|
567
|
+
Section shall survive even after the termination or expiry of the Terms and/or Policy.</p>
|
|
568
|
+
<h3> DISPUTE RESOLUTION AND JURISDICTION </h3>
|
|
569
|
+
<p>1. <b>Mediation:</b>In case of any dispute between the parties, the Parties will attempt to
|
|
570
|
+
resolve
|
|
571
|
+
the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the
|
|
572
|
+
event that
|
|
573
|
+
the Parties are unable to reach such an amicable solution within thirty (30) days of one
|
|
574
|
+
Party
|
|
575
|
+
communicating the existence of a dispute to any other Party, the dispute will be resolved by
|
|
576
|
+
arbitration, as detailed hereinbelow;</p>
|
|
577
|
+
<p>1. <b>Arbitration::</b>In the event that the Parties are unable to amicably resolve a dispute
|
|
578
|
+
by
|
|
579
|
+
mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed
|
|
580
|
+
by the
|
|
581
|
+
Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties.
|
|
582
|
+
The
|
|
583
|
+
Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in
|
|
584
|
+
his/her
|
|
585
|
+
sole discretion, direct either Party to bear the entire cost of the proceedings. The
|
|
586
|
+
arbitration
|
|
587
|
+
shall be conducted in English, and the seat of Arbitration shall be Delhi, India.</p>
|
|
588
|
+
<p>The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements
|
|
589
|
+
entered
|
|
590
|
+
into between the Parties are governed by the laws, rules and regulations of India</p>
|
|
591
|
+
<p>Any and all communication relating to any dispute or grievance experienced by the User may be
|
|
592
|
+
communicated to the Firm by the User by emailing to
|
|
593
|
+
care@{{page.companyName}}.{{page.domain}}.</p>
|
|
594
|
+
<h3> NOTICES </h3>
|
|
595
|
+
<h3> MISCELLANEOUS PROVISIONS </h3>
|
|
596
|
+
<p>1. <b>Entire Agreement:</b> These Terms, read with the Policy, form the complete and final
|
|
597
|
+
contract
|
|
598
|
+
between the User and the Firm with respect to the subject matter hereof and supersedes all
|
|
599
|
+
other
|
|
600
|
+
communications, representations and agreements (whether oral, written or otherwise) relating
|
|
601
|
+
thereto.</p>
|
|
602
|
+
<p>2. <b>Waiver:</b>The failure of either Party at any time to require performance of any
|
|
603
|
+
provision of
|
|
604
|
+
these Terms shall in no manner affect such Party's right at a later time to enforce the
|
|
605
|
+
same. No
|
|
606
|
+
waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any
|
|
607
|
+
one or
|
|
608
|
+
more instances, shall be deemed to be or construed as a further or continuing waiver of any
|
|
609
|
+
such
|
|
610
|
+
breach, or a waiver of any other breach of these Terms.</b> </p>
|
|
611
|
+
<p>3. <b>Severability:</b> If any provision/clause of these Terms is held to be invalid, illegal
|
|
612
|
+
or
|
|
613
|
+
unenforceable by any court or authority of competent jurisdiction, the validity, legality
|
|
614
|
+
and
|
|
615
|
+
enforceability of the remaining provisions/clauses of these Terms shall in no way be
|
|
616
|
+
affected or
|
|
617
|
+
impaired thereby, and each such provision/clause of these Terms shall be valid and
|
|
618
|
+
enforceable to
|
|
619
|
+
the fullest extent permitted by law. In such case, these Terms shall be reformed to the
|
|
620
|
+
minimum
|
|
621
|
+
extent necessary to correct any invalidity, illegality or unenforceability, while preserving
|
|
622
|
+
to the
|
|
623
|
+
maximum extent the original rights, intentions and commercial expectations of the Parties
|
|
624
|
+
hereto, as
|
|
625
|
+
expressed herein.</p>
|
|
626
|
+
<p>4.<b> Contact Us</b>: If you have any questions about this Policy, the practices of the
|
|
627
|
+
Platform, or
|
|
628
|
+
your experience with the Service provided by the Platform, you can contact us at
|
|
629
|
+
care@{{page.companyName}}.{{page.domain}}.
|
|
630
|
+
</p>
|
|
631
|
+
</div>
|
|
632
|
+
<div>
|
|
633
|
+
</div>
|
|
634
|
+
<div>
|
|
635
|
+
{{content}}
|
|
636
|
+
</div>
|
|
637
|
+
{%- if site.monumetricId and page.url != '/' and page.lang == "en" -%}
|
|
638
|
+
</div>
|
|
639
|
+
</div>
|
|
640
|
+
{%- endif -%}
|
|
641
|
+
</div>
|
|
642
|
+
{% include staticfooter.html %}
|
|
643
|
+
{% include script.html %}
|
|
644
|
+
</body>
|
|
645
|
+
|
|
646
|
+
</html>
|